Employee vs. Employer Contributions
In most cases, the employee’s contributions to a 401(k) are considered marital property if made during the marriage. However, employer contributions may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, a QDRO must clarify how to treat unvested funds.
For example, if the participant is 60% vested, only the vested portion should be divided unless the parties agree otherwise. In drafting QDROs for the West Mont 401(k) Plan, we ensure that the language accounts for current and future vesting status.

